serious questions are worked out with iran and we'll testify on the hill and welcome to hq. i am bill hemmer. >> law makers are sounding alarms of a lenient deal and the administration's idea to ease sanctions. and bret baier joins us now. it is a tough sale for john kerry, what are we expecting. >> as you look live in the house foreign relations committee. secretary kerry will have a tough sale and ask the law makers on capitol hill to give them time and he may point to the iran's foreign minister's comment that if law makers go a head with sanctions that would kick in, in six months if the iranians don't do what they said in the national part of the negotiations, that is a tentative structure of what

10:01 am

they are talking about here. six months and the law makers go forward with that, thee rannians said that would scuttle the whole deal as it stands like now and kerry made's point to that. that is a traggil time for the administration. and law makers on both sides of the aisle. bob men edez, a democrat and chuck shumer a democrat and lindsay graham and mark kirk republicans, all saying that there needs to be more behind this and more teeth, otherwise the iranians are essentially running away with this and not getting any back in bite to the enrichment that would continue. >> and brett, many people would argue that the sanctions are working and you are right in a point with the iowa rannian regime that came to the table and crying uncle. why does it make sense for the

10:02 am

administration to cut a deal? what is the thinking behind that? >> secretary kerry explained it that this is a time to negotiate the bigger deal. that they have explained it. that this enables iran to have breathing room to negotiate the bigger deal and prove to the world that they can come forward with a nuclear program and disclose all they have and then in the end of the line, come up with a big picture plan or deal. critics of this, say you are right, bill, it was working, and this is why they are at the table, they were feeling the heat and economic sanctions and why if you have the boot on the throat of a regime, why lift it up to, to cut a deal that you don't know what the end game is

10:03 am

going to be? that is what we will hear on capitol hill in a now minutes. >> brett, you pointed out the democrats are displeased with the deal because they don't want iowa ran to have the ability to continue to enrich uranium. how will secretary kerry make them believe it is okay. >> he will make an appeal. it is part of a big peace deal that the administration is trying to make happen. and there may be partisan appeal here. remember, that this is a political jam. as much as obama care is a domestic headache for the administration this is a foreign migraine for the administration if the democrats vote with republicans on the sanctions and the deal falls apart with iran. imagine if this piece of

10:04 am

legislation goes through a democrat senate and republican controlled house and a president has to make a decision whether to veto the legislation in the face of democrats that voted for it? what does that mean for democrats in 2014 that are facing reelection where this is a big issue? >> in order for that to happen and in order for congress to torpedothe deal, harry reid would have to bring it to the floor. i don't know where he is today. do we have an idea? >> talking to law machers behind the scenes they have a inkling that the majority leader is ready to bring this forward and bob men edez and chuck shumer believe that they can move it forward in a bipartisan way and

10:05 am

harry reid will bring it forward for a vote. if that train starts moving and the administration loses a number of votes, you could see this passing a senate and that is a big problem for the administration. >> it is not only congress who seems not to like this bill, we can see secretary john kerry to take his position to testify in front of the the house foreign relations committee and he will shake hands and take a seat. >> polls show that 43 percent of the american public don't like this deal. we'll see if secretary kerry, why does secretary kerry like the deal when congress and the american public think that the iranian regime can't be trusted? >> the polls in the past few weeks that you have gone back and forward. depending on whether people like

10:06 am

the deal or don't like the deal and if iran can or can't be trusted. and the u.s. eventually get involved in a war with iran. the u.s. is clearly against. that and israel, factors into all of the equation. i think this administration really wants a w on the board in foreign policy and they feel that this route through this iran peace process that they have set up is the way to do it. there are many critics in the room that secretary kerry is sitting in don't believe that that is the case. >> bret baier is live in washington. we'll bring the headlines to you. and we have other nows. >> a familiar face heading to the white house. john pedesta has a new job as

10:07 am

advisor on obama care. will that solve the problems? steve hays is a fox news contributor. great to it see you. >> john podesta. what will he bring to the white house that dennis mcdonagh and val row jared can't do? >> we reported that the obama white house is inclined at this point to fight and start to take the issue of obama care to republicans and to try to make all of the failures that people are seeing across the specter of obama care and blame them for sabstaging the law. he is a fighter here in washington and respected in some quarters and he's feared. this is what the white house wants to do as part of the effort to clean up obama care and be aggressive with the republicans on the pr front? >> john podesta is known for

10:08 am

helping with the turbulent waters in the monica lewinsky and clinton white house. is that skill transferable to the over haul of health care? >> it is a different kind of damage control we are talking about. they are huge policy problems that the white house is facing. talking to proponents of obama care and critics. no one can tell you five steps to solve the problem with obama care. whether you are talking about high deductibles. they are problems that are a result of the plan and they are features and not bugs. john podesta is going to have a hard time to solve those problems. >> is this president obama's version of accountability? instead of firing anyone but to bring in a big gun to fix it?

10:09 am

>> it might be. people would prefer someone to be fired. it is odd to see a disaster of this scale unfolding this long and weeks now. and no one is held accountability in a serious way. this is much more about arming the titanic. and bringing john podesta on board and blaming the republicans and teeing off on the critics of obama care and suggesting that that is causing all of the problems that people are seeing. it is a difficult job if that is why he was brought on board. >> steve hayes. thank you for the perspective. >> a key court decision handed down and protecting a fox news.com, reporter who was threatened for jail unless she revealed her story about the movie massacre in colorado.

10:10 am

we have more from eric? >> it is seen as a major victory for the freedom of the press and protection of confidential sources. new york state highest court ruled four- throw in favor of a fox news.comreporter that she cannot be forced to reveal her story because new york state law protects her. jana winter was fighting the rules. they want to know the sources for the exclusive story she broke about an incriminating notebook that holmailed to the psychiatrist. she based it on two unidentified law enforcement sources. holmes is charged with the mass shootings in january 2012 that killed 12 people in a urora,

10:11 am

colorado. there is no more principle of the right of established for a reporter to not reveal sources. whether there is a substantial likely hod she would be compelled to identify sources that she wou -- they praised th decision. >> today's ruling is a major win for all journalist and the protection of jana winters confidential sources was necessary to preserve and protect journalism and democracy itself in my view. and the highest court in new york did the right thing. >> judge smith said this is an expansion of new york jurisdiction when it is unlikely to be honored by other states or

10:12 am

countries to predictability that the majority says is its goal. but in 1735, the rights that protected from prosecution in colonial times continue to protect our journalist today. >> thank you, eric. the white house calling out states refusing to it implement obama care. lou dobbes will be here on that. >> and texas with the ice storm and new york tis not even winter. >> we were out in it. it's cold. >> i will say. >> it's coming down pretty fast and it is slippery out there already.

10:13 am

10:14 am

10:15 am

fox news early extreme

10:16 am

weather for you. millions of people in the grip of a snow storm. and northeast with heavy snowfall in pennsylvania. and meteorologist janet is at work in the weather center. >> did your kids have a snow day? >> they did. and so excited. >> and the partners are like how will we take care of them. the snow was not that bad but on the heels of what we saw over the weekend, roads were slippery and parents are wondering what will we do with our children? six minutes in maryland. and on the whole forecasters got it right. 1- 4 inches and airport delays, unfortunately a lot of them in the tri- state region and philadelphia over an hour delay there. keep in mind if you are headed

10:17 am

to the airport. we have light snow report nothing philadelphia and cloudy skies in new york and providence light snow for you. not's huge weather maker but we have something to talk about this weekend. first of all the wind chills and bitterly cold and look at chicago, coldest temperatures that we have seen in years for this time of year. and looking at wednesday, 13, and 0 on thursday. and looks like another storm on the way. real quick, alisyn and bill. perhaps bringing another snow storm on sunday. >> you wish. >> got to cope us busy, right. >> gena don't sound so surprised that forecasters got it right. >> snow is hard to predict but we will take the credit kwh we do. >> we are watching.

10:18 am

promoting obama care and white house schooling states that refuse to prescribe with the medicare law. lou dobbs is here. >> you have to take the money, right? >> we are talking about a trillion dollar program and as the president is expanding medicaid, 26 states who accepted that idea are looking at a prospect of increasing budgets by 17 percent. and we are looking at 17 trillion in unfunded liabilities because so many people are being enrolled in medicaid instead of obama care. >> federal government picks up the tab for three years. and $0.90 on the dollar in future years and you wonder whether or not washington we ans

10:19 am

its way off of. that that seems to be what they are afraid of in the budget level in the 24 states. >> they are very much afraid of it and it is interesting no one is afraid at the federal level. 17 trillion in unfunded liabilities. excuse me. >> and come back to me quick. and let him work himself out. and the mayor, bill bell said by not participating. north carolina is a donor state. we are paying the taxes and not getting the benefit of it. >> and now 62 percent of the american public, bill. and by the way, thank you for that. 62 percent of the americans are eligible for a pen fit and welfare and entitlement payment as a result. we moved medicaid to 138 percent of the poverty level under the

10:20 am

affordable care act that is making all of the entitlements, social security and medicare and medicaid unaffordable. >> thank you for being a good marine there. i got your back. appreciate it, bill. >> i have been there. >> thank you. and could one unintended consequence of obama carry felt in communities in the country. and why there are concerns that volunteer fire departments could be affected. >> there is a mass approximative lottery out. there hundreds of millions are on line for you and our question is do you have a ticket and what would you do with all of that money if you want? what is the one thing you would buy? merry christmas? >> drinking it all day long.

10:21 am

10:22 am

10:23 am

10:24 am

megamillions grand prize. $334 million. and players scooping up the tickets for tonight's drawing. fourth largest jackpot in history. >> what would you buy, bill hemmer? >> everything. >> everything. and so we want to know. >> what would be the first thing you would buy if you won the jackpot. we'll share your dreams on the air. >> champagne as depend as you can do. >> send me a tweet at bill hemmer. and to me alex camerota not seen here. >> that's one coming up. and in the meantime john kerry

10:25 am

with the opening remarks on the iowa ran deal. >> there are a set of requirements that grow more so in the course of the comprehensive agreement. let me begin that president obama and i have been very clear as every member of the committee has been that iran must not acquire a nuclear weapon and it is the president's centerpiece of the foreign policy that iran will not acquire a nuclear weapon. this imperative is in the top of the national security agenda. and i know it is at the top of yours as well. so i really do welcome the opportunity to have a discussion not only about what the first step agreement does, but also to clarify, i hope significantly

10:26 am

what it doesn't do, because there is a certain as there is a mythology that grows up around them. the title of today's hearing is the iran nuclear deal. does it further u.s. national security? and i would state to you unequivicably that the answer is yes. the national security of the united states is stronger under the first agreement than it was before. israel's national security is stronger than it was in the day of the agreement and the gulf and middle east interest are more secower than the day before we entered into this agreement. here's how. put simply, once implemented and it will be in the next weeks, this agreement halts the progress of iran's nuclear

10:27 am

problem. and rolls it back in certain places for the first time in nearly ten years. it provides unprecedented monitoring and inspections. while we negotiate to see if we can conclude a comprehelpsive agreement. if we can conclude. and i came away from our preliminary negotiations about serious questions of whether or not they are willing and ready to make the choices that have to be made. that's what we put to test. while we negotiate to see if we can conclude a comprehensive agreement that addresses all of our concerns, there is an important fact, iran's nuclear program will not move forward. under this agreement, iran will

10:28 am

have to neutralize, end its entire stock pile of 20 percent enriched uranium which you all know is a short step away from weapon's grade uranium. if you remember when prime minister netanyahu held up the car ton in the un with the bomb in 2012, he showed the world a chart that highlighted the type of uranium he was concerned about. he was talking about that 20 percent stock pile. under this agreement, iran will forfeit, all of that 20 percent that 200 kilogram stock pile. gvenlt under this agreement iran will halt the epirichment above five percent and not permitted to grow in stock pile of 3.5 percent enriched uranium.

10:29 am

iran cannot increase the number of centerfuges. and will not any. under this agreement, we'll have increased transparency of iran's nuclear program and giving us a window in their activities that we don't have today. we'll have access to portal a secret facility in a mountaintop that we never have been in. we'll get in not once or twice, but every day. we'll get in and have the ability not once or twice, but every single day what is happening. and we'll have access each month to the iraq facility, where we will an extraordinary ability to

10:30 am

be able to know through inspections whether or not they are complying with their requirements. >> here is secretary of state john kerry talking about the iranian nuclear deal. he said they will not allow iran to get a nuclear weapon. we'll monitor the head line. >> it is an important testimony. we'll see how that goes and give us a sense if congress stays on board. >> republicans making democrats eat their words and rolling out a a d campaign and tying them to broken promise of obama care. >> wool have the fair and balanced debate. >> those who receiving the cancellation it may be in their best interest to be cancelled. they are the same.

10:31 am

10:32 am

10:33 am

10:34 am

a quick check of the headlines, a desperate search as crews comb the nevada wilderness that have been missing since sunday after heading out for a day in the fun in the snow. >> and president obama joining heads of state in south africa

10:35 am

and the president urging the world to take up the mig for fighting for justice and equality. >> true news for football fans. tail gating is banned in the next year's super bowl in new jersey. yoo why wouldn't i go to that game. unless you are comfortable grilling in the drefry society. only place you can eat is inside of the car. >> tail gating inside of your car? that's not going to work. >> i don't think so, either. good luck with that. >> well, volunteer four departments facing a big threat nationwide as a result of obama care rule. elizabeth mcmcdonald will explain to us. >> reporter: what is going on, fire houses in the country face possibly having to get health insurancine though they are volunteers. in fact three- quarters of all

10:36 am

fire houses and firemen are volunteer fire fights. if they work 30 or more hours a week under the law, they have to get health insurance or pay the mandate tax. we are hearing that the fire chief sent a letter to the irs saying that the firefighters should be exempt. and emergency medical personnel. they are volunteer and often times and they may have to get health insurance. we'll watch this developing story, another fallout from obama care we are seeing, that the firefighters paid money to be firefighters could be hit with a 40 percent cadillac tax on the health benefits if it is under the certain standard of the new law. >> that is not a good news. what is the reaction? >> a new congressman picked up on this in washington dc.

10:37 am

if they are forced to buy health insurance it could curtail emergency response activities in the country. sending it back to you guys. >> thank you for telling us about that. >> there is a new republican a d tying the democrats to the obama care debacle roll out. >> the add critizes west virginia congressman. >> think barak obama and nick grahaul are different listen to this. >> if you like your health care plan you can keep it. >> you will be able to keep it. >> the same broken promise and now virginiians are losing health coverage. >> let's debate this. marjorie cliffton is a consult

10:38 am

apt to obama campaign. and thank you for being here guys. marjorie, start with you. republicans combed through old videotapes of democrats in addition to bark bookkeeper obama and found places where democrat politicians promised if you like your health plan you can keep it. it sounds like an effective strategy to me. what do you think? >> absolutely, the republicans with the stalemate on immigration reform and government shutdown. obama care policy is somewhere where they can play out and so what the appetite is for the public. implementation it is not a giant success. it has been a failure. and certain messaging that is problematic case in point. you can keep your health care plan. >> johnathon, the target seems right today. will it be this right in 11

10:39 am

months. >> the public policy polling, the arkansas senate race the republican is up eight points and michigan, republican up by two points and we didn't think that that was a competitive race last week. there is a massive shift. senator la ndroa ux in lewisville seen her approval rating go down. i don't see how they can make it back? >> johnathon. it is interesting, what the republicans are doing is going after the broken promise and not the bill itself. chances are people may be enjoying the benefits of obama care and preexisting conditions. they are going after the messaging. >> i don't know about that. i so a series of shoes that will drop. we'll find out who loses insurance because they didn't sign up in time. and january, who loses their

10:40 am

doctors and april, who is 15ed by the man date tax. and next summer, when all of the insurance companies up their rates and if young people don't go in the system and subsiddize all of the rates will go up before the election. i think it is a disaster for the democrats. >> and marjorie, does it? you throw in the employer man date. >> it could be that we see a lot of the benefits that are mapped out and it is a misnomer to say that people are losing the insurance. most major employers have the health care that hold the tenants in face. it will be individuals and small businesses that will see the change. but looking at the system, everyone of us insurance or not are at risk of the health care system failing. it is designed hopefully to benefit the whole of the american public. in two years or 2016, what is the memory of the american

10:41 am

public look like and how is it all playing out. >> johnathon, what is the chances of the republicans regaining the senate. >> the congressional balance test question and weather where they are asked if they have democrats. and something that charlie cook called unprecedented for the ballot to be moved and there is enough in the law and shoes to drop to keep them for the public. >> we'll have a lot to talk about. marjorie thanks and we'll see in time who's right and it is going to be a year of stories surrounding that law. >> one state pushing to give obama care the a xe. we'll break down how that works. >> you owned a piece of it and the government solid it at a loss. how much did the stake in jm cost you the american taxpayer? .

10:42 am

10:43 am

10:44 am

10:45 am

government motors no more. president obama called the bail out a success. a bail out that it cost taxpayers 10 billion. and mary barra going to be the ceo of that company. the first woman to head a u.s. automaker. >> and we'll check in with gretchen carlsson. >> if you like your meds you can keep them, right? >> maybe not. drug shock looks to be the next problem. and fire chief joins us exclusive to follow our report on how volunteer firefighters could be hurt on obama care. three- quarter of all firefighters volunteers. and a satanic monument by the capitol. and time for the face panel to sound off just in time for

10:46 am

christmas. >> and south carolina is on the verge of passing a bill that end obama care in that state. >> there are legal questions surrounding the attempt. and if they get through other states could follow suchlt judge napolitano is our analyst to explain that. can south carolina decide not to follow a federal law? >> what south carolina is offering to do is instruct employees not to participate in facilitating the law and prohibit public funds on the law. translate? if the president wants obama care in south carolina, the feds will have to pay for it and establish it. can they do that? the worry is yes. remember the original obama care ordered the states to establish and pay for their own exchanges and the supreme court upheld the

10:47 am

constitutionality of the obama care, it didn't invalidate and saying that congress is without authority to commander the states and tell them how to enforce law and spend money. so south carolina can to that. >> according to the constitution. they can tell their employees not to accept a federal program? >> no. it cannot stop their employees from seening up for obama care individually as private persons, but it can stop their employees from using government jobs to cooperate with the federal government or to enforce its laws. >> so if south carolina, does this, successfully, then chances are other republican led states will follow suit? >> if enough states will do this, it will gut obama care,

10:48 am

because the federal government doesn't have have the resources or where with all. they can't even operate the website. they can't go to all of the states. >> and what is critical mass and how many would have to do that? >> depending on the population. once you approach half of the population of the country which could be a half dozen of the most popular states, obama care would be effectively gutted. >> why rrnt they doing this? some are trying to fix it? >> some states that have conservative republican governor like john casick who is the governor of great state of ohio ran into a buzz saw of opposition. he said we'll have it here. one have decided in this environment it is the best thing

10:49 am

to do. if enough republican governors and legislators say we are not going to do it, the president will have more problems than today. >> south carolina senate republican rule in colombia and likely it will pass. >> i haven't heard what governor haley will do. my guess is sign it and at least a half dozen of the most conservative and republican oriented states will do this. and my guess is that the justice department will challenge it and those challenges will fail. >> it is constitutional for the states to prohibit from complying with federal law. thank you, sir. >> getting breaks news on board air force one leaving south africa. we have an update onow the handshake occurred with the president and the leader of cuba. >> and a lot more coming up,

10:50 am

too. >> stick around. ♪

10:51 am

10:52 am

10:53 am

♪ fight for the right and fulfill the nation's fight and the army goes rolling along ♪ >> so the pentagon is looking for new ways to fight america's enemies in cyber space. >> the army is asking contractors to submit ideas to get records in realtime. the army wants 3-d imaging using google earth and this is top secret.

10:54 am

>> the botched obama care roll out taking a toll on group that is key. what is the issue here peter? >> reporter: bill, it is interesting there is a website in spanish. and this morning and this afternoon the spanish language site, has been easy to nav gaig, log into and get information whereas the english site not working. the spanish language site didn't open until this past friday. and that is something that the spanish community apparently noticed. >> there is a sense of frustration and neglect that they feel just like the issue of immigration. it is almost systemic about how this is shoved to the side when it comes to making sure that information is getting to them.

10:55 am

that the tools that they need to enlist is also at their dispose al. the administration says 3.8 million uninsured latinos speak spanish, but there are other ways to sign up for insurance and they have taken calls. last weekend we launched the consumer friendly spanish online enrollment tool. we think it is important to work closely with key stakeholders in this effort and get their feedback. now, more broadly a brand new trance america center for health study survey released today says 31% of uninsured of americans

10:56 am

that speak all languages haven't heard of the program. 31%. >> i know you are on that website, peter. in english and in spanish. >> i see that, well done. for more, join our cleeks foxnewslatino.com >> his fancy spanish accent was impressive there. we asked what would you do if you one that million dollar jackpot. and we will share the best responses creativity counts. i'm going to get my vote in right now. hope you will read mine.

10:57 am

10:58 am

10:59 am

judge e asked what you would buy if you won the lottery. >> and we are coming over.

11:00 am

kevin on facebook a condo or girlfriend coursezdky can satanists build a monument?ç and a no fun league. what the fans tailgating at the